Part 10Safety

Part 10—Safety Division 1—Equipment and marking requirements 111—Equipment and marking requirements For the purposes of section 65(1) of the Act, a vessel is required to have the equipment and markings set out in Schedule 6 in relation to vessels of the relevant class. 112—Emergency position indicating radio beacons (EPIRBs) (1) For the purposes of section 65A(1) of the Act, the following classes of vessels are specified: (a) canoes, kayaks, rowboats or other similar small human‑powered recreational vessels being operated in unprotected waters; (b) all other vessels being operated in prescribed unprotected waters. (2) However, a canoe, kayak, rowboat or other similar small human‑powered recreational vessel being operated in unprotected waters is exempt from the requirement to carry an EPIRB if— (a) the vessel is in the company of— (i) at least 2 similar vessels; or (ii) a support vessel; and (b) at least 1 of the other vessels referred to in paragraph (a) is equipped with an EPIRB; and (c) the vessel remains within 50 m of the vessel so equipped at all times. (3) For the purposes of section 65A(1) of the Act, the following requirements relating to emergency position indicating radio beacons are specified: (a) the beacon must be capable of transmitting on a frequency of 406 megahertz; (b) the beacon must comply with AS/NZS 4280.1:2022: 406 MHz satellite distress beacons - Marine emergency position‑indicating radio beacons (EPIRBs); (c) the beacon must be currently registered with the Australian Maritime Safety Authority; The procedures for obtaining and renewing registration of EPIRBs as required by this regulation are set out by the Australian Maritime Safety Authority. (d) the beacon must be suitably located and secured on the relevant vessel having regard to the need for access to the beacon and the need to protect the beacon from accidental damage or loss; (e) the beacon must be maintained in good working order. coast means— (a) the coast of the mainland; and (b) the coast of Kangaroo Island; prescribed unprotected waters means— (a) those unprotected waters more than 5 nautical miles seaward of the Low Water Mark of the coast in the waters of Spencer Gulf or Gulf St. Vincent; or (b) those unprotected waters more than 3 nautical miles seaward of the Low Water Mark of the coast in the waters of any other area except Lakes Alexandrina and Albert; waters of Spencer Gulf or Gulf St. Vincent means— (a) for Spencer Gulf—the waters in that gulf north of a line drawn from Cape Catastrophe on Eyre Peninsula to Waterhouse Point on Thistle Island and then to Corny Point on Yorke Peninsula (see following map); (b) for Gulf St. Vincent—the waters in that gulf north of a line drawn from Troubridge Point on Yorke Peninsula to Rapid Head on Fleurieu Peninsula (see following map). Waters of Spencer Gulf and Gulf St. Vincent

Division 2—General rules of navigation 113—Navigation at sea (1) The Prevention of Collisions Convention is incorporated in these regulations and applies to all vessels in any part of the jurisdiction except inland waters. (2) If a vessel is operated in the jurisdiction contrary to the Prevention of Collisions Convention, the owner and operator of the vessel are each guilty of an offence. (3) If— (a) a vessel fitted with navigation lights is operated in any part of the jurisdiction (other than inland waters); and (b) the navigation lights are not fitted and exhibited in accordance with the Prevention of Collisions Convention, the owner and operator of the vessel are each guilty of an offence. (4) Subregulation (3) does not apply in relation to a vessel being operated by an authorised person if— (5) It is a defence to a charge of an offence against this regulation brought against the owner for the owner to prove that the vessel was operated without the owner's consent. 114—Navigation in inland waters (1) Section 17 of the Code (River Murray Traffic Regulations) is incorporated in these regulations and applies to all vessels in inland waters. (2) If a vessel is operated in the jurisdiction contrary to section 17 of the Code (River Murray Traffic Regulations), the owner and operator of the vessel are each guilty of an offence. (3) If— (a) a vessel fitted with navigation lights is operated in inland waters; and (b) the navigation lights are not fitted and exhibited in accordance with section 17 of the Code (River Murray Traffic Regulations), the owner and operator of the vessel are each guilty of an offence. (4) Subregulation (3) does not apply in relation to a vessel being operated by an authorised person if— (5) It is a defence to a charge of an offence against this regulation brought against the owner for the owner to prove that the vessel was operated without the owner's consent. 115—Navigation in rivers and channels (1) The operator of a vessel proceeding along the course of a river or channel must keep the vessel as near to the outer limit of the river or channel which lies on its starboard side as is safe and practicable. (2) The operator of a vessel which can safely navigate outside a channel must not allow the vessel to hamper the safe passage of a vessel which can safely navigate only inside the channel. (3) The operator of a vessel engaged in fishing must not allow the vessel to impede the passage of any other vessel navigating within a channel. (4) The operator of a vessel must not, except in an emergency, anchor the vessel in a channel. (5) If a vessel is anchored in a channel in an emergency, the operator of the vessel must, as soon as practicable, move the vessel to the side of the channel. (6) The operator of a vessel navigating in a channel must only overtake another vessel if this can be done safely. (7) A person must not, except with the approval of the CE, cause or permit a cable, chain, hawser or rope to be placed across a channel.